Employment Law Questions? Ask an Employment Lawyer.
Good morning. I am Loren, a Florida licensed attorney, and I look forward to assisting you today.
Before I answer, a bit more detail would be helpful please.
Was there any amount specified in the offer? Was there any written employment agreement? What was the basis for the incentive?
Did the letter make any disclaimer that it did not constitute a written employment contract?
Also, what was the issue leading to the termination?
Your best legal defense to not paying would be that the nonperformance was a breach of contract and that she can not enforce a contract which she herself breached.
It is not the strongest argument, without any specific quantification in the offer, but it may be the best available to you.
Are you still with me?
I understand the dilemma. It is not a perfect defense, but it may be the best available. If she failed to perform adequately the duties she was hired for then you still argue she was in breach, even without the presence of stated goals.
Did you have further questions before you rate my service to you?